Conflict Avoidance, Management & Dispute Resolution Procedures Flashcards
What is ADR and what are some benefits?
Alternative Dispute Resolution - often cheaper, faster, less formal, flexible, confidential
What are some examples of ADR?
Mediation, Arbitration, Early Neutral Evaluation, Independent Expert
What is mediation?
- Neutral mediator facilities discussion between parties
- Confidential and informal
- Usually done on a without prejudice basis
What is arbitration?
Quasi-judicial proceedings under 1996 Arbitration Act, binding decision based on representations, can’t be sued but can be appealed on a point of law, need to be a chartered arbitrator
What are some benefits of arbitration?
Fast, cheap, confidential
What is independent expert?
Surveyor with expert knowledge appointed by parties or RICS, makes a binding decision based on representations and own knowledge and evidence
What is early neutral evaluation?
Independent person gives an experienced and non-binding opinion
What are the 3 key dispute resolution processes?
1 - negotiation
2 - mediation/ conciliation
3 - Adjudication
What is adjudication?
3rd party resolution e.g. litigation and arbitration
What is negotiation?
Problem solving mechanisms between parties themselves
What is an expert witness?
- provide evidence to quasi/judicial body
- duty to court not client
- must have appropriate knowledge and experience, no conflicts
- must sign a statement of truth
- no incentive fees
- not immune from civil action and negligence claims
What is hot tubbing re expert witness?
experts get together to consider cases collaboratively
What is an advocate?
- Represents client at a judicial hearing or tribunal
- Duty is to client but must maintain integrity of judicial process
- Must ensure competence
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